Professional Documents
Culture Documents
NASIR ABAGIBE, ABDUL ADAM, ABUKAR ADEN, ALI ALI, NUUR ALI, KETEMA
ALIGAZIE, TARIQ AYUUB, MUKTAR BUNI, ABDI DHUUBOW, NASIR FARAH, ABDI
HUSSEIN, TOLA ISMAEL, MUUSE JAAMAC, RIZGALLA KHAMIS, ADEN NOOR,
ABDUL NUR, AHMED ODAWAAY, SAID OMAR, MOHAMED A. OSMAN, MOHAMED
M. OSMAN, AND MOKTAR SAID,
Plaintiffs,
v.
Defendant.
______________________________________________________________________________
Plaintiffs, Nasir Abagibe, Abdul Adam, Abukar Aden, Ali Ali, Nuur Ali, Ketema
Aligaze, Tariq Ayuub, Muktar Buni, Abdi Dhuubow, Nasir Farah, Abdi Hussein, Tola Ismael,
Muuse Jaamac, Rizgalla Khamis, Aden Noor, Abdul Nur, Ahmed Odawaay, Said Omar,
and through their attorneys, the law firm of KING & GREISEN, LLP, hereby submit their
Complaint against Yellow Cab Co., d/b/a Colorado Cab Co. (“Defendant” or “Yellow Cab”), and
INTRODUCTION
1. Plaintiffs are twenty-one (21) current and former cab drivers for Defendant, and
Defendant continually breached the Driver Agreement. Defendant has multiple legal duties and
environment for Plaintiffs on the basis of their race/color and/or national origin in violation of
federal law. The discrimination, harassment and hostile work environment Plaintiffs have
endured has included, among other things: physical assault, name calling, taunts, jeers, laughing,
gestures, yelling, bribery, and extortion; discriminatory and disparate treatment with regard to
fines, fees, and other charges; discriminatory and disparate treatment with policies, rules, and
discipline; theft and property damage; ostracism and failure to redress grievances; outright
treatment against them and has retaliated against Plaintiffs with continued harassment and
conduct also sounds in: civil theft and conversion; breach of contract, including breach of
contract for a sum certain and bad faith breach of insurance contract; willful and wanton breach
of the covenant of good faith and fair dealing; promissory estoppel; outrageous conduct and
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JURISDICTION AND VENUE
6. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §1331 and 1343. This
action is authorized and instituted pursuant to 42 U.S.C. §1981 et seq., as amended. The Court
also has supplemental jurisdiction over Plaintiffs’ state law claims, as they are so related to the
federal law claims that they form part of the same case and controversy pursuant to 28 U.S.C. §
1367(a).
unlawful were committed within the jurisdiction of the United States District Court for the
Arbitrate and Demand for Arbitration” with the American Arbitration Association (“AAA”)
Plaintiffs sign a Driver Agreement before they began working for Defendant. The Driver
Agreement was not explained to Plaintiffs and, at the time the Driver Agreements were signed,
many Plaintiffs had minimal proficiency in the English language. Nonetheless, Plaintiffs’
attempted to have the controversy with Yellow Cab adjudicated with the AAA. On November
30, 2009, Plaintiffs received notice that their portion of arbitration costs would be $64,200.
Despite their best efforts, Plaintiffs are unable to afford the costs associated with AAA. As such,
the prohibitive cost of AAA precludes the use of the arbitral forum.
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PARTIES
A. Plaintiffs
9. Nasir Abagibe began working as a driver for Yellow Cab in April 2006 and
worked there until May 2009. Nasir Abagibe is currently, and at all times relevant to this suit, a
10. Abdul Adam began working as a driver for Yellow Cab in September 2005 and
worked there until October 29, 2006, when Yellow Cab terminated him. Abdul Adam is
currently, and at all times relevant to this suit, a resident of the State of Colorado.
11. Abukar Aden began working as a driver for Yellow Cab on July 15, 2002 and
worked there until October 26, 2007, when Yellow Cab terminated him. Abukar Aden is
currently, and at all times relevant to this suit, a resident of the State of Colorado.
12. Ali Ali began working as a driver for Yellow Cab in December 2005 and is still
working there. Ali Ali is currently, and at all times relevant to this suit, a resident of the State of
Colorado.
13. Nuur Ali began working as a driver for Yellow Cab in the spring 2003 and
worked there until August 2005. Nuur Ali is currently, and at all times relevant to this suit, a
14. Ketema Aligaze began working as a driver for Yellow Cab in approximately 1995
and worked there until September 3, 2008, when Yellow Cab terminated him. Ketema Alagaze
is currently, and at all times relevant to this suit, a resident of the State of Colorado.
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15. Tariq Ayuub worked as a driver for Yellow Cab from 2002 until 2005 and again
from 2006 until January 31, 2007, when Yellow Cab terminated him. Tariq Ayuub is currently,
and at all times relevant to this suit, a resident of the State of Colorado.
16. Muktar Buni began working as a driver for Yellow Cab in November 2001 and
worked there until October 25, 2006, when Yellow Cab terminated him. Muktar Buni is
currently, and at all times relevant to this suit, a resident of the State of Colorado.
17. Abdi Dhuubow began working as a driver for Yellow Cab on September 24, 2003
and worked there until 2005, when Yellow Cab terminated him. Abdi Dhuubow is currently, and
18. Nasir Farah began working as a driver for Yellow Cab in April 2006 and worked
there until August 2009, when Yellow Cab terminated him. Nasir Farah is currently, and at all
19. Abdi Hussein began working as a driver for Yellow Cab in September 2001 and
worked there until approximately August 2002, when Yellow Cab terminated him. When Abdi
Hussein first arrived to the United States in 2001, shortly before he started working for Yellow
Cab, he spoke no English. Prior to arriving to the United States, Mr. Hussein was taken prisoner
and tortured for two (2) years in Somalia. As a result, he suffered from severe trauma and sought
daily medical treatment for his injuries throughout the time worked for Yellow Cab. Abdi
Hussein is currently, and at all times relevant to this suit, a resident of the State of Colorado.
20. Tola Ismael began working as a driver for Yellow Cab in November 2007 and
worked there until July 9, 2008, when Yellow Cab terminated him. Tola Ismael is currently, and
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21. Muuse Jaamac began working as a driver for Yellow Cab in 2002 and worked
there until 2003, when Yellow Cab terminated him. He returned to working for Yellow Cab in
2005 and worked there until January 2008. He returned to working for Yellow Cab in June 2008
and worked there until July 22, 2008, when Yellow Cab terminated him again. He returned to
working for Yellow Cab from August 2008 until September 2008. Muuse Jaamac was, at all
22. Rizgalla Khamis began working as a driver for Yellow Cab on August 21, 2006
and worked there until June 19, 2007, when Yellow Cab terminated him. Rizgalla Khamis is
currently, and at all times relevant to this suit, a resident of the State of Colorado.
23. Aden Noor began working as a driver for Yellow Cab in April 2004 and worked
there until August 2006. He returned to working for Yellow Cab on August 9, 2007 and worked
there again until Yellow Cab terminated him on August 29, 2007. Aden Noor is currently, and at
24. Abdul Nur began working as a driver for Yellow Cab in 2000 and worked there
until 2001, when Yellow Cab terminated him. He returned to working for Yellow Cab in 2006
and is still working there. Abdul Nur is currently, and at all times relevant to this suit, a resident
25. Ahmed Odawaay began working as a driver for Yellow Cab in October 2002 and
worked there until 2004, when Yellow Cab terminated him. He returned to working for Yellow
Cab in 2004 and worked there until January 2009, when Yellow Cab terminated him. Ahmed
Odawaay is currently, and at all times relevant to this suit, a resident of the State of Colorado.
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26. Said Omar began working as a driver for Yellow Cab in 2004 and worked there
until May 2006, when Yellow Cab terminated him. Said Omar is currently, and at all times
27. Mohamed A. Osman began working as a driver for Yellow Cab on June 10, 2004
and worked there until May 2009. Mohamed A. Osman is currently, and at all times relevant to
28. Mohamed M. Osman began working as a driver for Yellow Cab on September 24,
2004 and worked there until November 28, 2005, when Yellow Cab terminated him. Mohamed
M. Osman is currently, and at all times relevant to this suit, a resident of the State of Colorado.
29. Mocktar Said began working as a driver for Yellow Cab in 2001 and worked there
until 2002, when Yellow Cab terminated him. He then returned to working for Yellow Cab in
2002 and worked there until 2006, when Yellow Cab terminated him again. He returned to
working for Yellow Cab a third time in 2006 and is still working there. Mocktar Said is
currently, and at all times relevant to this suit, a resident of the State of Colorado.
B. Defendants
30. Colorado Cab Co., LLC, d/b/a Denver Yellow Cab, is a Colorado corporation
with a principal place of business in Colorado. Colorado Cab Co. is owned by Veolia
corporation. Colorado Cab Co. was formerly owned by Shamrock Transportation Co., a
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FACTUAL ALLEGATIONS
harassing, and creating a hostile work environment for Plaintiffs on the basis of their race/color
32. The primary offenders of this race/color and/or national origin discrimination
have included: Regional General Manager and Vice-President Ross Alexander; Driver
Supervisor Michael Rivera; Manager of Driver Operations Wayne Roberson; Claims Manager
33. Roberson frequently verbally abused, harassed, and yelled at Plaintiffs by saying
things like:
• “African monkey”;
• Liar;
• Dumb;
• Idiot;
• “Dumb African”;
• “Nigger”;
• “Stupid immigrant”;
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• “Crazy Somalis”;
• “Why don’t you just stay in Africa? You guys are making so much money
• “Somalis are some of the dumbest people because they don’t listen.”;
• “I have worked here for thirty-eight years. No one will fire me.”;
• “Don’t go there. I am powerful and I can hurt you and ruin your future.”;
• “You need to hear what I say. Go back to where you come from.”;
34. Rivera frequently verbally abused, harassed, and yelled at Plaintiffs by saying
things like:
• “You are a black monkey. Go back to where you came from. Get lost.”;
came from.”;
• “Other taxi companies will not hire you. You have to take it if you want to
work.”;
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• “Go back to Africa”;
• “African monkey”;
• “You are a black monkey. Go back to where you came from. Get lost.”;
• “Sit down and eat your banana. You’re a second class citizen. That is why
• Liar;
• Dumb;
• Idiot;
• “Get the fuck out of my office! This is not Africa! If you don’t want to make
• “You’re an animal”;
• “Who are you affiliated with? Since you went home, we don’t know who you
• “Well, there’s a lot of monkeys around here, and I hope you’re not one of
them!”;
• “Monkey,”
• “Nigger,”
• “Animal,”
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• “Mother fucker,”
• “Immigrant”
35. Alexander frequently verbally abused, harassed, and yelled at Plaintiffs by saying
things like:
• “African monkey”;
• Liar;
• Dumb;
• Idiot;
• Nigger;
• “You are not going to work at any cab company in this City.”;
• “You’ll never drive in this city again if you don’t get out of my office. Go
36. Roberson frequently verbally abused, harassed, and yelled at other African drivers
and Plaintiffs saw and/or knew about it while working for Defendant.
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37. Rivera frequently verbally abused, harassed, and yelled at other African drivers
and Plaintiffs saw and/or knew about it while working for Defendant.
38. Alexander frequently verbally abused, harassed, and yelled at other African
drivers and Plaintiffs saw and/or knew about it while working for Defendant.
• Roberson yanked Nasir Abagibe out of his chair and pushed him out of the
office;
• Roberson punched Mohamed M. Osman in the face and then tried to pretend
• Rivera shoved Aden Noor by taking his open palm and shoving it into his
chest then threatened to call the police and have Mr. Noor arrested if tried to
complain.
to the car and attempted to remove his tags, then grabbed Mr. Hussein from
behind the head and waist and threw him into the open door of his car. Mr.
• Alexander pushed Abdi Dhuubow twice and told him to get out of his office;
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• Alexander cornered Abukar Aden and tried to fight him; and
42. Alexander physically assaulted other African drivers and Plaintiffs saw and/or
admitted, saying, “I did it, I was mad,” and apologized to a group of African
drivers.
43. Roberson, Rivera, and Alexander never directed these assaults and outbursts
44. Customers verbally abused, harassed, and yelled at Plaintiffs and Defendant failed
to take action to put a stop to it. One customer told an African driver, “Go back to your country
if you don’t want to do things our way.” Without conducting any investigation, Defendant fined
and suspended the driver and shut off the computer in his cab. When one customer refused to
pay the fare to the driver, Defendant fined the driver instead of the customer.
45. Management frequently shut off or blocked the computers in the cabs of Plaintiffs
and other African drivers from the central office so that they would not be able to make any
money or do their jobs. Management did this as a form of punishment, retaliation, and/or simply
46. Defendant routinely discriminates against Plaintiffs and other African drivers by
assigning them lower paying jobs through the dispatcher and making them wait longer than other
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drivers to receive calls for jobs. This happens even when Plaintiffs and other African drivers are
47. Plaintiffs and other African drivers were afraid to complain about this problem
because they knew the dispatchers would give them no calls at all if they did complain. When
one driver did complain, Dispatcher Pat (last name unknown) said, “If you don’t like it, just go
back home.”
48. Dispatchers made fun of the accents of Plaintiffs and other African drivers over
the radio and laughed at them, and Defendant did nothing to stop it.
49. Defendant requires only African drivers to drive newer model cars, which is more
expensive. Defendant claims this is a Public Utility Commission (“PUC”) requirement, but it
does not enforce this requirement against non-African drivers. When Plaintiffs tried to complain
about this unfair treatment, management said, “We can do whatever we want, this is America.”
50. Defendant regularly refuses to repair cars for Plaintiffs and other African drivers
for several days after they break down, unless Plaintiffs and other African drivers pay bribes.
51. Jordan and Rivera also demanded that Plaintiffs and other African drivers pay
them bribes in order to give them cabs or process their requests, but they have never demanded
such bribes from non-African drivers. When one driver complained about unfair charges on his
account, Rivera said, “If you don’t want all these charges, you will have to take care of us.”
52. Rivera regularly demands money and gifts from Plaintiffs and other African
drivers, which he does not demand from non-African drivers. Rivera once terminated a Plaintiff
when the Plaintiff was unable to bring him back the exact gifts he had demanded from Africa.
Yellow Cab managers did not expect Non-African drivers to bring them similar gifts.
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53. Defendant refuses to provide Plaintiffs and other African drivers with interpreters
when they tell them to sign important documents that it knows they cannot understand—even
B. Retaliation
54. Defendant has engaged in a pattern and practice of retaliating against Plaintiffs
and other African drivers for the numerous acts of opposition to the race/color and/or national
55. Defendant regularly threatened to terminate Plaintiffs and other African drivers
56. Whenever Plaintiffs and other African drivers went to the Yellow Cab office to
complain about discrimination, Defendant deliberately made them wait in the waiting room for
several hours to speak with someone, until they finally gave up and left.
57. Whenever Plaintiffs and other African drivers complained directly to managers,
they would often ignore them and walk away or refuse to return their calls.
58. Other times when managers actually did talk to Plaintiffs and other African
drivers about their complaints, the managers would shout at them and continue harassing them in
59. Alexander responded to the complaints of Plaintiffs and other African drivers by
• “You sue me and now you ask me for a favor?? Do you think that I’m
stupid??”;
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• “You Africans don’t know the rules”;
• “You are not going to work at any cab company in this City.”;
• “You’ll never drive in this city again if you don’t get out of my office. Go
60. Roberson responded to the complaints of Plaintiffs and other African drivers by
61. Rivera responded to the complaints of Plaintiffs and other African drivers by
• “Monkey”;
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• “Get out of my office! I don’t have to talk to you!”
• “You don’t like this company. You always complain. If you don’t like it,
• “I will report you for being a criminal and you will never work in Colorado
again.”;
• “I was going to charge you $500, now I’m charging you $1,000”; and
62. When one Plaintiff complained to Doer about abuse, Doer threatened, “You don’t
know what abuse is.” Doer also told another driver who complained about excessive charges, “If
63. When another Plaintiff complained to Shop Manager Ken Tanner, Tanner called
him a “pain in the butt” and told him he would put more charges on his account if he did not stop
complaining.
64. Defendant often terminated Plaintiffs and other African drivers shortly after they
65. Defendant intimidated Plaintiffs and other drivers into not complaining by
keeping pictures of them at ProTaxi meetings (a new cab company that Plaintiffs and other
African drivers are starting on their own) and showing them the pictures when they tried to
66. Defendant charged Plaintiffs and other African drivers excessive and unsupported
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67. Managers also shut off or blocked the computers in the cabs of Plaintiffs and
other African drivers from the central office in retaliation for their complaints.
68. Defendant forced Plaintiffs and other African drivers to take English writing tests
69. Defendant kept the cabs of Plaintiffs and other African drivers, refused to return
70. Defendant revoked Plaintiffs’ medical benefits and gave them less desirable work
C. Unlawful Terminations
71. Defendant terminated Plaintiffs and other African drivers in violation of the driver
72. Defendant’s “Accident Prevention Program” states that it will fine drivers after
their first “preventable” accident, but it will not terminate a driver until after his third
“preventable” accident.
73. In violation of this policy, Defendant has terminated Plaintiffs and other African
74. Defendant terminated Plaintiffs and other African drivers after they refused to
sign documents stating that they were at fault for accidents for which they were clearly not at
fault.
75. In some cases, Defendant has refused to give Plaintiffs and other African drivers
written notice of their terminations or any reason or explanation for their terminations.
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76. In other cases, Defendant told Plaintiffs and other African drivers that it was
terminating them because they were “too risky” or because the accident in which they were
77. In contrast, Yellow Cab simply told Caucasian drivers to take a class after they
78. Defendant routinely “de-hagged” or “de-hacked” the cabs of Plaintiffs and other
African drivers when it terminated them. This meant that Defendant removed all of the branding
from the cabs so that Plaintiffs and other African drivers would not be able to take any
passengers, and it often caused substantial damage to the cabs. Often times, Defendant spray-
79. Defendant also took airport badges from Plaintiffs and other African drivers when
it terminated them and told them they would never work at the airport again. These badges did
80. Defendant withholds security deposits and other funds from Plaintiffs and other
81. The Driver Agreements state that the drivers’ security deposits, which they pay
when they begin driving for Defendant, are fully refundable and will be returned to them after
82. In some cases, Plaintiffs and other drivers pay the security deposit all at once. In
other cases, Defendant collected the deposit in weekly installments, which it deducted from the
drivers’ accounts.
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83. Defendant frequently continued to collect these weekly installments from
Plaintiffs and other African drivers, even after it had already collected the entire security deposit.
84. Defendant often refused to return all or a portion of the security deposit at the
time of separation without explanation. Even when it does return a portion of a deposit, it
usually only does so after many months and repeated demands from Plaintiffs and other African
drivers.
85. When Plaintiffs and other African drivers tried to ask for their deposits back,
Defendant would tell them come back in a week or a month. When they came back, Defendant
86. Defendant told one driver—who did not owe any money—that he would have to
contact his attorney if he ever wanted to see the deposit again. When one Plaintiff asked
Alexander for his deposit or an explanation of where it went, Alexander said, “Don’t call me
again. We don’t give papers.” Alexander then said, “Go talk to a lawyer and see what they do to
us.” When another Plaintiff told Defendant he was hiring an attorney, Defendant returned a
87. Defendant charges Plaintiffs and other African drivers for a second security
deposit without any reason or explanation, even though it still had security deposits collected for
those drivers.
88. Defendant collected prepaid lease fees from Plaintiffs and other African drivers,
which it later refused to give them credit for and refused to return to them when it terminated
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89. Defendant promised Plaintiffs and other African drivers certain discounts if they
returned to Yellow Cab, which it later refused to provide. In reliance on those promises,
Plaintiffs spent money getting their cabs ready and returning to Yellow Cab.
90. Defendant has repeatedly charged Plaintiffs and other African drivers excessive
91. In violation of its own written policies, Defendant charges Plaintiffs and other
African drivers excessive and unsupported fines for “preventable” accidents, even when
Plaintiffs and other African drivers were clearly not at fault for the accidents and the accidents
92. Defendant charges Plaintiffs and other African drivers excessive fines, allegedly
for the “costs of the accident,” even where they have insurance coverage and even where there
has been very little property damage, and sometimes none, resulting from the accident. When
Plaintiffs and other African drivers ask for verification that Defendant actually paid the alleged
costs, Defendants often refuse and threatens them with termination. When one Plaintiff
complained to Alexander, Alexander told the Plaintiff that if he hired an attorney, he would
93. Defendant charges Plaintiffs and other African drivers fines for allegedly
94. Defendant charges Plaintiffs and other African drivers excessive lease fees for
periods when their cabs are in the shop or they do not otherwise have access to or are not driving
theirs cabs. Defendant does not assess lease fess to non-African drivers under the same or
similar circumstances.
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95. Defendant charges fines directly to Plaintiffs and other African drivers for alleged
violations from the Colorado Public Utilities Commission (PUC). These have included fines for
safety inspections, alleged toll violations, parking tickets, and other minor traffic infractions.
Defendant has refused to provide any information, documentation, or evidence to Plaintiffs and
other African drivers about the basis for these fines. Likewise, it has refused to provide any
notice or information regarding the rights of Plaintiffs and other African drivers to appeal the
fines. Moreover, the amounts Defendant has assessed for PUC violations are often more than
double the fine that the PUC would normally impose. Accordingly, there is no way to know
whether the fines actually originated from the PUC, whether the PUC assessed the fines against
Plaintiffs and other African drivers or against Defendant, or whether Defendant simply assessed
96. Defendant charges Plaintiffs and other African drivers excessive charges for
“shop revenue,” “failure to report for maintenance,” shop inspection fees, and other
miscellaneous fines and charges from the Yellow Cab Shop, which it refuses to explain or adjust.
97. Defendant charges Plaintiffs and other African drivers fines for alleged “late
98. Defendant charges Plaintiffs and other African drivers fines for alleged
99. Defendant charges Plaintiffs and other African drivers fines for alleged “blew off
100. Defendant charges Plaintiffs and other African drivers fines for alleged “loaner
cab” fees, including late fees on their late fees, which it refuses to explain or adjust.
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101. Defendant charges Plaintiffs and other African drivers fines for alleged “payoff
102. Defendant charges Plaintiffs and other African drivers excessive fines for
allegedly failing to report an accident to the Yellow Cab accident investigator, even though it
never explained to Plaintiffs and other African drivers that doing so was mandatory and it
refused to give Plaintiffs and other African drivers anything in writing that required them to do
so.
103. Defendant charges Plaintiffs and other African drivers excessive fines for
allegedly failing to report an accident to the Yellow Cab accident investigator even when they
104. Defendant charges Plaintiffs and other African drivers excessive fines for
105. Defendant charges Plaintiffs and other African drivers excessive fines for alleged
littering, when in fact such an event never occurred and Defendant provided no proof,
106. On July 7, 2006, Alexander promised Abukar Aden in writing that if he went until
January 1, 2007 without an at-fault accident, he would reduce the excessive and unfair accident
fine. However, when Mr. Aden satisfied these conditions, Alexander refused to reduce the fine.
When Mr. Aden complained to Alexander, Alexander responded, “Go for it. Get a lawyer.”
107. On August 18, 2006, Defendant incorrectly charged Abukar Aden for fees that
clearly applied to another driver. Cashier Manager Christy (last name unknown) even admitted
in writing that it was an error, but Defendant refused to adjust or correct the error.
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108. Defendant charged Abdi Dhuubow excessive fees and fines upon his return after
the time he was in a coma from an accident, even after Doer specifically assured Mr. Dhuubow
109. Defendant charges Plaintiffs and other African drivers who return after leaving
Yellow Cab an explained and excessive fine for the privilege of returning to Yellow Cab. The
fine is a condition of getting their jobs back. Defendant does not charge this fine to non-African
110. Defendant charges Plaintiffs and other African drivers excessive fines for
111. Defendant charges Plaintiffs and other African drivers excessive fines for
allegedly talking on the phone while driving, even when the allegation is untrue and Defendant
112. Defendant charges Plaintiffs and other African drivers fines for allegedly
assaulting other employees, even though the allegation is untrue and Defendant provides no
113. Defendant charges Plaintiffs and other African drivers excessive credit card
114. Defendant sends Plaintiffs and other African drivers to collections agencies, even
when they do not actually owe Defendant any money. Typically, this happens when Defendant
owes the Plaintiff money, and not the other way around. Moreover, Defendant does not inform
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F. Unlawful Insurance Practices
115. Defendant is self-insured entity that charges drivers a weekly fee in advance for
property damage liability insurance premiums. Defendant has refused to provide Plaintiffs and
other African drivers with the benefits they paid for under these policies.
116. In addition to the various premiums for property damage, drivers also pay weekly
premiums for medical insurance. Defendant has refused to provide Plaintiffs and other African
drivers with the benefits they paid for under these policies.
117. Defendant has represented to Plaintiffs and other African drivers that certain
118. Defendant has charged Plaintiffs and other African drivers excessive insurance
119. Defendant has failed to give Plaintiffs and other African drivers credit for the
120. Defendant has charged Plaintiffs and other African drivers excessive deductibles,
121. Defendant has refused to repair the cabs of Plaintiffs and other African drivers in
122. Defendant has charged Plaintiffs and other African drivers for repairs to the cars
123. Defendant has undervalued the cabs of Plaintiffs and other African drivers for
purposes of insurance payouts in violation of their policies. Defendant has refused to provide
Plaintiffs and other African drivers with an explanation for the changes in value.
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124. Defendant has terminated Plaintiffs and other African drivers in retaliation for
attempting to obtain the benefits to which they were entitled under their insurance policies.
125. Defendant has issued installment loans to Plaintiffs and other African drivers in
bad faith by failing to disclose the terms and conditions of those loans, which Plaintiffs and other
African drivers need in order to pay the excessive and unfair premium and deductible charges
126. Defendant has terminated the insurance policies of Plaintiffs and other African
drivers without any notice or explanation when they have sought to obtain benefits for an
accident, even though they had been paying their insurance premiums regularly.
127. Defendant has charged Plaintiffs and other African drivers for unauthorized,
128. Defendant has required Plaintiffs and other African drivers to have all of their cab
repairs done at the Yellow Cab Shop at higher rates than they would pay at other shops.
129. When Plaintiffs and other African drivers have tried to get their cabs repaired
elsewhere, Defendant has refused to accept the repairs and required them to have the same
131. Defendant has charged Plaintiffs and other African drivers more than once for the
same repairs and then refused to correct the errors or provide any explanation.
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132. Defendant has performed faulty repairs on the cabs of Plaintiffs and other African
drivers by replacing good working parts with old and and/or broken parts without their
knowledge or consent.
133. Defendant has kept the cabs of Plaintiffs and other African drivers in its shop for
134. Defendant has damaged the cabs of Plaintiffs and other African drivers in the
135. Defendant has damaged and/or confiscated the cabs of Plaintiffs and other
African drivers, removed parts from the cabs, sent the cabs to the junk yard, claimed that the
cabs were “missing,” and re-sold or reinstalled the stolen parts to make additional profits.
136. Defendant has required Plaintiffs and other African drivers to undergo
137. Defendant has confiscated the airport badges of Plaintiffs and other African
drivers, which did not belong to Defendant but rather belonged to Airport Authority. Defendant
has threatened to assess fines against Plaintiffs and other African drivers if they do not hand over
their airport badges. When they do turn the badges in to Defendant, Airport Authority assess a
138. Defendant has stolen money from the drop boxes that Plaintiffs and other African
drivers deposited. Defendant then accuses Plaintiffs and other African drivers of not depositing
the money and then requires them to pay again for the “missing” money, along with an
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139. Defendant has received computerized credit card approvals though Yellow Cab’s
system on behalf of Plaintiffs and other African drivers and then later claimed that the approvals
were invalid and required them to pay for the transaction again.
140. Defendant has tried to prevent Plaintiffs and other African drivers from obtaining
employment elsewhere.
141. On June 19, 2007, Alexander told Rizgalla Khamis when he terminated him, “If
you don’t work here, you won’t work elsewhere.” When Mr. Khamis later tried to get a job at
142. In September 2007, Max Sir, manager at Freedom Taxi Co., informed Plaintiff
Aden Noor that Yellow Cab had sent Freedom Taxi an email telling them not to hire him.
143. Rivera told Plaintiff Abdul Adam, “Other taxi companies will not hire you. You
have to take it if you want to work.” Shortly thereafter, Mr. Adam began contacting Metro Taxi
and Freedom Cab seeking work. Both companies told Mr. Adam that they were not hiring, even
though he knew that they were because they hired other people he knew around the same time
period.
144. After Defendant terminated Plaintiff Tola Ismael in July 2008, he tried to get a
job at Metro Taxi, but Metro called him back and said they would not hire him after talking to
Yellow Cab.
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FIRST CLAIM FOR RELIEF
RACE/COLOR AND/OR NATIONAL ORIGIN DISCRIMINATION
HOSTILE WORK ENVIRONMENT AND DISPARATE TREATMENT IN VIOLATION OF
42 U.S.C. § 1981
(All Plaintiffs)
145. Plaintiff realleges and incorporates by reference paragraphs 1-144 set forth above
146. Defendant subjected Plaintiffs and other African drivers to a hostile work
environment with conduct including but not limited to: name calling, taunts, jeers, laughing,
gestures, yelling, bribery, extortion, and physical assault; discriminatory and disparate treatment
with regard to fines, fees, and other charges; discriminatory and disparate treatment with
policies, rules, and discipline; theft and property damage; ostracism and failure to redress
147. Plaintiffs and other African drivers did not welcome the conduct creating the
148. Race/color and/or national origin was a determinative or motivating factor behind
149. The conduct creating the hostile work environment was so severe or pervasive
that a reasonable person in the position of Plaintiffs and other African drivers would find the
150. Plaintiffs and other African drivers believed their work environment to be hostile
or abusive as a result of the conduct that created the hostile work environment.
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153. Defendant knew race/color and/or national origin discrimination was occurring
against Plaintiffs and other African drivers and failed to take adequate measures to stop the
discrimination.
Plaintiff has suffered damages and has suffered extreme emotional distress. 42 USC§ 1981 entitles
Plaintiffs to the full panoply of damages, including punitive damages, attorney fees and costs.
155. Plaintiffs reallege and incorporate by reference paragraphs 1-154 set forth above
156. Plaintiffs and other African drivers engaged in activities that are protected by 42
U.S.C. § 1981, including but not limited to: opposing, reporting, and complaining about
Defendant’s race/color and/or national origin discrimination against them; and assisting or
participating in an investigation or legal proceeding, with a good faith belief that such race/color
and/or national origin discrimination had taken or was taking place against them or others.
157. Defendant subjected Plaintiffs and other African drivers to materially adverse
158. A causal connection exists between the protected activities of Plaintiffs and other
Plaintiffs have suffered damages and have suffered extreme emotional distress. 42 USC
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§1981entitles Plaintiffs to the full panoply of damages, including punitive damages, attorney fees
and costs.
160. Plaintiffs reallege and incorporate by reference paragraphs 1-159 set forth above
162. Defendant failed to honor its obligations under those contracts causing Plaintiffs
damages and entitling them to the full panoply of remedies provided by law.
163. Plaintiffs reallege and incorporate by reference paragraphs 1-162 set forth above
Plaintiffs.
167. Defendant did so with the intent to deprive Plaintiffs permanently of the use or
benefit of the things(s) of value, or it knowingly used, concealed, or abandoned the thing(s) of
abandoned the thing(s) of value so as to deprive Plaintiffs permanently of its use or benefit, or it
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demanded consideration to which it was not legally entitled as a condition of restoring the
168. Plaintiffs reallege and incorporate by reference paragraphs 1-167 set forth above
169. Defendant had discretionary authority over Plaintiffs to determine the terms of the
by the agreements.
172. Defendant’s failure to honor the Plaintiffs’ reasonable expectations caused injury,
173. Plaintiffs reallege and incorporate by reference paragraphs 1-172 set forth above
coverage under the policies; failing to acknowledge, investigate, and pay out on claims with
reasonable promptness; failing to attempt in good faith to fairly settle claims; forcing Plaintiffs to
institute litigation in order to receive the benefits due under the policy; and/or unilaterally
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176. Defendant misrepresented the benefits, advantages, conditions, and/or terms of its
177. Defendant engaged in the above actions willfully or with such frequency as to
178. Defendant engaged in unfair claim settlement practices by engaging in the above
actions.
181. Plaintiffs reallege and incorporate by reference paragraphs 1-180 set forth above
representations.
186. Plaintiff realleges and incorporates by reference paragraphs 1-185 set forth above
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188. Defendant’s managers were in positions of authority over which they had power
189. Defendant’s managers used their positions to force Plaintiffs to endure racially
community.
191. Defendant’s conduct was willful and wanton, and was attended by circumstances
192. Defendant’s conduct was intentional, extreme and outrageous, and was the
proximate cause of Plaintiffs’ severe emotional distress, as well as their injuries, damages and
193. Defendant engaged in extreme and outrageous conduct recklessly or with the
194. Plaintiffs reallege and incorporate by reference paragraphs 1-193 set forth above
contractual or business relationships with other cab companies by inducing or otherwise causing
other cab companies not to enter into relationships with Plaintiffs or continue their prospective
prospective relationship(s).
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TENTH CLAIM FOR RELIEF
ASSAULT
(Nasir Farah and Abdi Hussein)
197. Plaintiffs reallege and incorporate by reference paragraphs 1-196 set forth above
198. Defendant intended to make physical contact with Plaintiff Farah or intended to
201. Plaintiffs reallege and incorporate by reference paragraphs 1-200 set forth above
202. The Yellow Cab Shop is a motor vehicle repair facility as defined in the Motor
203. Plaintiffs are customers as defined in the Motor Vehicle Repair Act, C.R.S. § 42-
9-101 et seq.
204. The Yellow Cab Shop charged Plaintiffs for motor vehicle repairs to which they
205. The Yellow Cab Shop charged Plaintiffs for motor vehicle repairs in excess of the
amounts allowed in the Motor Vehicle Repair Act, C.R.S. § 42-9-101 et seq.
206. The Yellow Cab Shop represented to Plaintiffs that repairs were necessary when
207. The Yellow Cab Shop represented to Plaintiffs that repairs had been performed
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208. The Yellow Cab Shop represented to Plaintiffs that motor vehicles or motor
209. The Yellow Cab Shop failed to issue invoices to Plaintiffs as required by the
210. The Yellow Cab Shop failed to provide advance estimates to Plaintiffs as required
WHEREFORE, Plaintiffs respectfully request that this Court enter judgment in their favor and
against Defendant, and award them all relief as allowed by law, including, but not limited to, the
following:
things, cease all illegal racial/color and/or national origin harassment of its
i. Pre- and post-judgment interest, costs, expert witness fees, and such
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j. All such further relief as justice requires.
Respectfully submitted,
Plaintiffs’ Addresses:
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Abukar Aden Nasir Farah Said Omar
8555 E. Evans Ave. #3-202 7100 E. Mississippi Ave. 9999 E. Yale Ave. #B-205
Denver, CO 80231 #18-108 Denver, CO 80231
Denver, CO 80224
Aden Noor
1799 S. Dayton Street #112
Denver, CO 80247
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